Conditions of Use
1. Definitions
2. Orders
3. Payment
4. Shipping and delivery
5. Part deliveries
6. Inspection and acceptance
7 Information on our Site and Catalogues
8 Termination
9. Title and risk
10. Force majeure
11. Clients cancellation
12. Liability
13. Privacy
14. Confidentiality retail partners
15. Ethical Sourcing
16. Packaging
17 Site Content
18 indemnity
19. General
These Terms and Conditions apply to the supply of the Products and Services by Robert Young Jewellery and and govern your use of RobertYoungJewellery.com.au websites ( and associated sites such as RobertYoungSculpture.com.au). These Terms and Conditions and any documents referred to in them constitute the entire agreement about Robert Young Jewellery supply of the Products and Services to Clients and retail partners and supersedes all prior understandings, arrangements, representations and agreements. Please read these terms and conditions carefully.
BY USING THE SITE AND BY ORDERING PRODUCTS AND SERVICES, YOU AGREE TO BE BOUND BY THESE TERMS AND CONDITIONS
1. Definitions In these Terms and Conditions: "Client" means the person, business, company or other legal entity that is the purchaser of the Products and Services; "retail partners" means the person, business, company or other legal entity that is the purchaser of the Products and Services that wholesale, retail or resell our products and services. "Products" the Products supplied to the Client by Robert Young Jewellery and described in the Sales Invoice and/or Estimate; "Sales Contract" means any sales contract entered into by the Client and Robert Young Jewellery in respect of the Products and Services supplied to the Client in which these Terms and Conditions are or are deemed to be incorporated; "Sales Invoice and tax invoice" means the sales invoice issued by Robert Young Jewellery in respect of the Products and Services supplied to the Client in which these Terms and Conditions are or are deemed to be incorporated; "Services" means the services (if any) provided to the Client by Robert Young Jewellery and described in the Sales Invoice; and
2. Orders If you are interested in a piece of jewellery, you should be aware that the majority of our jewellery is specifically made to order. Sometimes with the volume of orders we receive, we may have difficulty in producing and delivering the item in our usual time frame. If this happens, we will contact you directly to discuss possible options.
a. Robert Young Jewellery may reject any order request placed if there is an insufficient supply of materials which prevents Robert Young Jewellery from being able to fulfil such order. We will notify and discuss the possible options.
b. Robert Young Jewellery will not be bound by any terms and conditions attached order and, unless those terms and conditions are expressly agreed in writing, the Client and retail partners agrees that those terms and conditions are excluded. c. Robert Young Jewellery reserves the right to change and or correct prices, product availability and specifications due to any factors without notice. These may include the exchange rates, price of raw materials or other factors.
c. Product availability is advised based on known raw materials quantities and manufacturing capabilities at that time and could change without notice. If an object has been ordered we will notify and discuss the options.
d. Data, including prices, may be inaccurately displayed on our Site due to system or typographical errors. While we make every earnest attempt to avoid these errors, they may occur. We reserve the right to correct any and all errors when they do occur, and we do not honour inaccurate or erroneous prices. In the rare event a products listed price is lower than its actual price, we will, at our discretion, either contact you for instructions before shipping the product or cancel the order and notify you of such cancellation. If the order has been shipped, you agree to either return the product or pay the difference between the actual and charged prices. We apologize for any inconvenience that this may cause.
3. Payment
a. The price of the Products and Services will be Robert Young Jewellery quoted price.
b. Payment is required prior to delivery of the Products, except for retail partners with credit account facilities. If the retail partners fails to make payment in accordance with this clause
3(b) after demand for payment by Robert Young Jewellery all amounts owing by the retail partners to Robert Young Jewellery on any account will immediately become due and payable.
c. Robert Young Jewellery may, in its sole discretion:
• i. suspend the provision of credit to the retail partners until all amounts owing are paid for in full; and
• ii. From time to time and at any time, vary or cancel any credit facility it makes available to the retail partners .
d. Unless stated otherwise for retail partners in these Terms and Conditions (or in writing by an authorised representative of Robert Young Jewellery ), all prices quoted for Products and Services are exclusive of all GST taxes, handling, delivery and any other charge or duty.
e. Retail partners paying by Credit card will incur the associated surcharge applicable to that card.
f. Prices include GST for clients.
g. Collection fees and charges will be applied to any monies outstanding.
H. Interest at the rate of 2% per month may be applied to outstanding accounts
or invoices
4. Shipping and delivery
To help you plan when to expect your order, you will find an estimated arrival date listed in the purchasing page for each item. This is calculated the arrival date based on the approximate number of days required to manufacture process, package, and deliver your Jewellery.
As each piece is Hand Crafted, seldom do we hold stock, yours is made for you.
We undertake to produce each piece within 12 working days from the following day of order. Some items indicated take longer to manufacture,
At busy periods this time frame may be extended or we may for unforeseen reasons be unable to supply in the time frame indicated, we may also be unable to supply altogether due to the difficulties of supply of raw materials to us.
If your Jewellery order is delayed we will contact you to advise of the delay. Remember this is a one off item, unique, and for you.
The delivery times made known estimates only and Robert Young Jewellery will not be liable for late delivery or non-delivery.
Under no circumstances will Robert Young Jewellery be liable for any loss, damage or delay suffered or incurred by the Client retail partners or its Clients arising from late or non-delivery of the Products.
We endeavour to avoid any delays in shipping and delivery, but we cannot guarantee the actions of other parties who have critical involvement in the shipping and delivery process.
Insurance of your parcel is an option we strongly recommend.
This option is available at time of ordering on our site.
Your delivery is by Australia Post, We use Express Post Platinum and Express post which is for a fast reliable and convenient delivery system. Most major centres around Australia are delivered next working day.
For more information please visit. http://auspost.com.au/business/express-post-delivery-network.html If you will not be home to sign for your order, Australia Post will leave you a card saying they tried to deliver and that they have your parcel at the local Post Office. Currently we do ship to selected destinarions overseas, and by special arrangements.
5. Part deliveries
For retail partners, Robert Young Jewellery may make part deliveries of any order, and each part delivery will constitute a separate supply of the Products upon these Terms and Conditions.
6. Inspection and acceptance We urge you to inspect your package for damage or tampering before receiving or signing for receipt. The Client and retail partners must inspect all Products upon delivery to the Clients and retail partners premises and must, immediately, and within 48 hours give notice to Robert Young Jewellery of any issue by which the Client alleges that the Products are not in accordance with the Clients order. Failing such notice and to the extent permitted by law, the Products will be deemed to have been delivered to and accepted by the Client.
7. Information on our Site
We make every attempt to ensure that our online catalogue and printed material is as accurate and complete as possible. In order to give you the opportunity to view our products in great detail, some products may appear larger or smaller than their actual size in our photographs; and since every computer monitor is set differently, colour and size may vary slightly.
Our objective is to provide you with as much information and detail about your prospective purchase as possible so that you can see the beauty and shape of a particular item of which we are proud of. We provide the measurement of our products based on our manufacturing specifications. Slight tolerances may be accounted for based on finishing during the manufacturing.
For gemstone and pearl measurements, a standard tolerance of 0.25mm is allowed.
We provide the minimum total carat weight for the piece set with multiple diamonds. Colour and clarity grades are expressed as a minimum.
8 Termination Notwithstanding any of these Terms and Conditions, Robert Young Jewellery reserves the right, without notice and in its sole discretion, to terminate your license to use this site, and to block or prevent future your access to and use of the Site.
9. Title and risk
a. Products supplied by Robert Young Jewellery to the Client and retail partners will be at the Clients and retail partners risk, immediately upon delivery of the Products to the address stated in the Clients and retail partners purchase order.
b. Risk in the Products will remain with the Client and retail partners at all times unless Robert Young Jewellery retakes possession of the Products in accordance with clause
7(e)(ii).
c. Title in the Products supplied by Robert Young Jewellery to the Client and retail partners will not pass to the Client and retail partners until those Products and any other products supplied by Robert Young Jewellery to the Client and retail partners have been paid for in full.
d. In the rare and unusual event that the Client and retail partners has breached these Terms and Conditions, the Client and retail partners authorises Robert Young Jewellery , at any time, to enter onto any premises upon which Robert Young Jewellery Products are stored or displayed to enable Robert Young Jewellery to:
• i. inspect the Products; and/or
• ii. Reclaim the Products.
e. The Client and retail partners agrees that the provisions of this clause apply despite any arrangement under which Robert Young Jewellery grants credit to the Client.
f. Robert Young Jewellery will not be liable for any damage or defects in the Products that have been caused by the improper storage, warehousing or transport, or by any neglect, abuse, tampering or improper use.
g. The provisions of this clause do not extend to any Products which have been added to, modified, varied or changed by any person or party other than Robert Young Jewellery or its Suppliers.
10. Force majeure If the performance or observance of Robert Young Jewellery obligations under these Terms and Conditions or any relevant Sales Contract is prevented, restricted or affected by a force majeure event including strike, lock out, industrial dispute, raw material shortage, breakdown or plant, transport or equipment or any other cause beyond the reasonable control of Robert Young Jewellery , Robert Young Jewellery will give notice of such cause to the Client and after 90 days from the receipt by Client of such notice, either party may terminate the relevant Sales Contract without penalty.
11. Clients cancellation
a. Unless otherwise agreed in writing, the Client and retail partner will not have the right to cancel an order which has been accepted by Robert Young Jewellery. Please contact us to discuss any query or concern you may have, we like to have clients who love our jewellery.
b. Unless otherwise agreed between the Client or retail partners and Robert Young Jewellery, upon cancellation, prior to shipment, any deposit paid by the Client will be forfeited to Robert Young Jewellery
c. At Managements discretion, a cancellation fee of 20% will be applicable to cancelled orders.
d. Cancellation and retuning of fees and charges will be declined for products that are bespoke custom or especially ordered for clients.
12. Liability
a. To the extent permitted by law, Robert Young Jewellery will not be liable to the Client or retail partner or any other person under any circumstances for any loss of use, profit, revenue, interest, or goodwill, or for any injury or death to any person, or for any indirect, incidental or consequential damages sustained or incurred by the Client or retail partner, whether such liability arises directly or indirectly as a result of:
• i. any negligent act or omission or wilful misconduct of Robert Young Jewellery or its employees or agents;
• ii. The supply, performance or use of any Products or Services; or
• iii. Any breach by Robert Young Jewellery of its obligations under these Terms and Conditions or any relevant Sales Contract.
13. Privacy
Thank you for visiting us, your privacy is important to us. Part of our commitment to you is to respect and protect the privacy of the personal information you provide to us. The information below is designed to inform you of what information we collect, why we collect such information, and how we use the information we collect.
In general, you can browse our Website without telling us who you are or revealing any personal information about yourself. You may decide to provide us with your personal information. You should know that we receive and may store personal information (whether written or oral) that you provide to us. Personal information means any information that may be used to identify an individual, including, but not limited to, a first and last name, home, billing or other physical address or email address. In addition to your contact information, we may collect information about your purchases, billing address, shipping address, gender, occupation, birthday, marital status, anniversary, interests, phone number or other contact information.
We do not hold or store your credit card information.
We may use the information we collect about you to:
Facilitate your purchases and provide the services you request,
Confirm and track your order, Respond to your inquiries and requests, Compare and review your personal information for errors, omissions and accuracy, Prevent and detect fraud or abuse, Improve our Website, service, product offerings, marketing and promotional efforts, and overall customer experience, Identify your product and service preferences, Understand our customer demographics, preferences, interests, and behaviour, and Contact you (via email, postal mail, or telephone) regarding products and services that we believe may be of interest to you.
The Palace, Send this to a Friend and Refer a Friend facilities.
Using a form, you can refer a friend to the Robert Young Jewellery and the Palace Website or send them product information. You and your friends names and e-mail addresses are requested to ensure that your friend will know that you have requested that Robert Young Jewellery send them an e-mail. The information we collect about you and your friend will be used in ways described in this privacy policy.
Service Providers:
We use trusted third-party service providers to perform certain services on our behalf, including: shipping, payment processing, data storage/management, web hosting, web analytics, fulfilment, assembly, marketing, mailing, emailing, etc. These service providers only receive personal information if such information is needed to perform their functions), and they are not authorized to use any personal information for any other purposes) other than the purposes) set forth by Robert Young Jewellery
Detail
a. The Client and retail partner agrees to Robert Young Jewellery collecting, using and disclosing information about the Client or retail partner of the kind referred to in this clause (c ) for various purposes, including to:
• i. assess credit worthiness as outlined in this clause for applicants requesting credit account facilities;
• ii. Supply the Products and Services to the Client and retail partner and the management of the Clients and retail partners trading account;
• iii. Communicate with the Client and retail partner about the Products and Services which Robert Young Jewellery or its partners or affiliates may provide from time to time;
• iv. Implement these Terms and Conditions and any Sales Contract; and
• v. comply with the requirements of relevant laws.
b. Robert Young Jewellery, at the written request of the Client and retail partner, will:
• i. provide the Client with access to any personal information relating to the Client held by Robert Young Jewellery; and
• ii. Correct or amend any personal information relating to the Client held by Robert Young Jewellery which is inaccurate or out of date.
c. Robert Young Jewellery will handle the clients personal information in accordance with the requirements of relevant laws.
This privacy policy may be updated from time to time. Please check this website for any updates and changes.
We do not sell, swap, lend or donate any of our clients information to any other person or company, apart for any reasons listed above.
Any disclosure of information (mainly contact details) is to enable us to better serve you, our Client. Your privacy is respected and we consider it our responsibility to uphold the confidentiality of our relationship with you.
14. Confidentiality for retail partners
a. The Client acknowledges that Robert Young Jewellery has disclosed and may from time to time disclose to the Client certain confidential information and documentation of Robert Young Jewellery relating to the Products, their marketing, use, and operation (including technical specifications) (“Confidential Information”).
b. Subject to clause 18(e), the Client must:
• i. only use the Confidential Information solely for the purposes contemplated under any relevant Sales Contract; and
• ii. Not, during the continuation of such Sales Contract or thereafter, disclose (whether directly or indirectly) to any third party the Confidential Information, other than is required to carry out such purposes.
c. If disclosure of Robert Young Jewellery Confidential Information to third parties is necessary, the Client will obtain from such third parties binding agreements to maintain in confidence the Confidential Information disclosed at least to the same extent as the Client is bound to protect Robert Young Jewellery Confidential Information under this clause 18.
d.
Upon the expiry or termination of any relevant Sales Contract, the Client must cease to use and must return or destroy (as Robert Young Jewellery may instruct) Robert Young Jewellery Confidential Information in its possession or control.
The Client will not itself or through any subsidiary, agent or other party sell, market, distribute, manufacture or otherwise deal with the Products or have such Products manufactured for it based on the Confidential Information or any other technical information provided to it by Robert Young Jewellery in accordance with these Terms and Conditions.
e. The provisions of this clause 18 do not extend to any information which is:
• i. at the time of disclosure, rightfully known to or in the possession or control of the Client and which is not subject to an obligation or confidentiality;
• ii. Public knowledge (otherwise than as a result of a breach of this clause 18 or any other obligation of confidentiality);
• iii. Consented or approved to be disclosed by Robert Young Jewellery; or
• iv. Required to be disclosed by a government authority or by the requirements of relevant laws.
15 Ethical Sourcing
We only purchase diamonds through the largest and most respected suppliers who, like us, proudly adhere to and enforce the standards established by the Kimberley Process, an international system that polices the trade of diamonds to ensure they are from sources free of conflict.
16 All our packaging is and will be recycled recyclable and reusable, always has been always will be.
17 Site Content
The Site and all content and other materials, including, without limitation, the Robert Young Jewellery logo, and all designs, text, graphics, pictures, selection, coordination, "look and feel", information, data, software, sound files, other files and the selection and arrangement thereof (collectively, the "Site Materials") are the proprietary property of Robert Young Jewellery or its licensors or users and are protected by trade dress, copyright, patent and trademark laws, and various other intellectual property rights and unfair competition laws.
Some of our products are have patents covering them.
We actively protect our patents and our copyright.
18 Indemnification
You agree to defend, indemnify and hold harmless Robert Young Jewellery its independent contractors, service providers and consultants, and their respective directors, employees and agents, from and against any claims, damages, costs, liabilities, and expenses (including, but not limited to, reasonable attorneys fees) arising out of or related to any Content you post, store or otherwise transmit on or through our Site or your use of or inability to use our Site, including without limitation any actual or threatened suit, demand or claim made against Robert Young Jewellery and/or its independent contractors, service providers, employees, directors or consultants, arising out of or relating to the Content, your conduct, your violation of these Terms and Conditions or your violation of the rights of any third party.
19. General
a. Robert Young Jewellery may amend these Terms and Conditions at any time. Any change or modification will be effective immediately upon posting of the revisions on the Site. Your continued use of the Site following the posting of its changes or modifications will constitute your acceptance of such changes or modifications.
Therefore, you should frequently review these Terms and Conditions and any other applicable policies from time-to-time to understand the terms and conditions that apply to your use of the Site. If you do not agree to the amended terms, you must stop using the Site.
b. Any provision of these Terms and Conditions which is invalid, void or unenforceable will be read down to the extent necessary, and the remaining provisions will continue unaffected.
c. The Client may not assign or attempt to assign any of its rights and obligations under these Terms and Conditions. Robert Young Jewellery may assign its rights and obligations under these Terms Conditions to any person.
d. These Terms and Conditions are governed by the laws of the State of New South Wales. The Client submits to the non-exclusive jurisdiction of the courts of that country.
